Ask the Law Guy

I was recently contacted for an unpaid credit card debt. Over the phone she told me that they have looked at my assets, and they have seen that I have a 2001 truck in my name. The woman said that if I did not pay a set amount by the end of the month (which at time of received phone call is only little over a week away) they would seize my assets. I am 22 years old and unemployed and my parents took over my truck payment when I became unable to pay for it. My Grandmother also co-signed for me and her name is on the truck with mine. So my question to you is. Do they have a right to seize the truck when the value is substantially grater than the debt owed? Can they seize my only asset (the truck) with another persons name is on the papers too? If so what can I do if I have no means of income to pay this debt in the time given?

A credit card company or any other creditor does not have the right to seize a vehicle unless the vehicle was collateral for the debt. For a creditor to get at your assets, the creditor would have to sue you, get a judgment and then request that the local sheriff "levy execution" against any assets you have. This is a somewhat complicated process. If you owe more for the car then it is worth chances are the sheriff would not seize it.

You might consider whether bankruptcy is an answer since you owe more than you can pay.

My mom died two years ago 4/15/2002. Probate is over and now that I have sat down with the paperwork I realized my brother-in-law and sister took me for a ride.

They took out $10,000.00 for her funeral and also for her estate sale. I never received a check for that sale. They took it and said they needed it for bills. My mom had a checking account with over $20,000.00 in it and they told me they used this and a credit card for the funeral. They also told me they would send me copies of all the bills they paid with her checking account. They no longer speak to me and I no longer speak to them. I lived down state. My mom died where my sister and brother-in-law lived so it was easy for them to get to her stuff first. They also got her lock box and everything that was in it including jewelry. I have asked for copies of these bills but they are always too busy or they hang up and tell me to forget it. My mom left 50/50 to both of us and I also was on her checking account. The probate papers show that they lied on two of these things. One being the funeral and the other the estate sale. My mom had a lot of money and trusted them to do 50/50. Can I ask probate court (it is over as of one year ago) if they can look into this? They are supposed to protect my interest. Also can I call the bank and ask them to send me copies of all the bills that were paid out of my mom's account. My brother-in-law owns 5 dealerships in Chicago and rushed me through this process. He had money and didn't care. My daughter and I didn't so we stupidly did whatever he asked us to do. Do I have a chance to find out how much they took from my mom's account? Do I have a chance to go to probate and find out why they allowed this to happen when I have copies of these bills? .... I was able to get over them taking her jewelry (my dad owned a jewelry company) but now that I see that they got me twice on $15,000.00 it makes me very angry. Do I have a leg to stand on? Can I write and ask someone to recheck what they did? ....

First of all my answer to this e-mail was: hire a lawyer immediately. I get complicated questions like this one pretty often. Although it feels as if I am copping out, the only answer I can give that would be any help is "Get a lawyer."

When there is a great deal of money at stake and the case is headed for court (including probate court) a person who wades in pro se (without a lawyer) is nearly certain to drown. This is certainly true if your adversary has an attorney.

When deciding whether to hire an attorney, ask yourself, "can I afford to lose?" There are some legal tasks you can handle yourself, if you are willing to do some legwork. Here are some things an individual could handle without a lawyer:

Preparing a simple will for a small estate
Appeal of a parking ticket
Small claims court
Claim for damage to an automobile where there was no injury
A divorce where there are no children and no assets to divide.

Even in these cases there are potential pitfalls. Mistakes in will-drafting can have serious consequences. Small claims court cases can leave you with a judgment against you for thousands of dollars. Marital assets (such as a pension or 401(k)) can be overlooked, but the consequences of a loss will usually not be devastating.

In the example above it seems that there is $30,000 to $50,000 at stake. How would it feel to make a procedural mistake that lead to the loss of $50,000? I frequently talk to clients who got hammered in court after representing themselves. Once the damage is done they want to see what can be done about it. Often it is too late, invariably it will be more expensive then if a lawyer had been on board from the beginning.

If you know you can walk out of the courthouse after a loss and say "well you win some, you lose some," you might try representing yourself. Here are some things you should never represent yourself in:

Any criminal case (felony or misdemeanor)
Any civil case involving domestic violence
Speeding tickets (can lead to loss of driver's license)
Child support
Child custody
Alimony
Personal injury cases
Disputes involving estates.

My husband and I were trying to go through a company that advertise that they buy houses. After a month went by and we weren't seeing much progress, we decided to take our house off the market. When I call the person or agent helping us to let him know that we were going to do so, he said that was fine and he will shred the contract. The next day we got a call from him stating that because were canceling our contract that the person who dose advertisements would have to be reimburse for a 1000.00. From the time we sign the contract until we have not seen anything regarding our house in the paper or on the Internet. We weren't told this until we decided to take our house off the market. Nor is it in the contract. I called him and let him know how I felt about the situation and haven't gotten a call back. What should we do?

The answer to your question would depend entirely on what the contract says. If the contract gave the person the right to list the house for a certain period and you cancelled before the end of that period, you would be responsible for reimbursing the agent for any actual expenses in attempting to sell the house.


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